Speech #1090100852

Mr. Speaker. as ranking member of the Committee on the Judiciary of the House of Representatives and a coauthor of the Violence Against Women Act of 2005. I take this opportunity to reemphasize the importance of certain parts of the legislative history of the provisions involving protections for battered immigrants. Additionally. I want to highlight and provide guidance on the reasoning behind and expectations about some of the provisions that are part of the final bill. the engrossed amendment agreed to by the Senate. which passed the Senate on December 16. 2005 and passed the House on December 17. 2005. Since the section numbers changed between the version of VAWA 2005s Protection of Battered and Trafficked Immigrants provisions that passed the House September 28. 2005. and the version that we are considering today. I will provide a list at the end of my statement that cross references the section numbers in the final bill. Section 801 enhances protection for immigrant victims of trafficking and certain immigrant crime victims by reuniting them with their children and family members living abroad. In the context of trafficking cases and other immigration functions I wanted to clarify for the record that VAWA 2005 contains language in Sections 801. 803. 804. 813 and 832 that are designed to amend sections of the Immigration and Nationality Act (INA) to reflect the current delegation of authority and reassignment of immigration functions from the Department ot Justice (DOJ) to the Department of Homeland Security (DHS). When DOJ and DHS are cited as having shared authority under this Act. that shared authority should be limited to instances in which DHS is making an immigration determination in a case in which DOJ has an active federal investigation or prosecution. In cases where the investigation or prosecution is being conducted by a state or local prosecutor. or by another federal government agency. DOJ involvement may not be appropriate or required.